IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOTTAYAM
Dated this the 12th day of August, 2022
Present: Sri. Manulal V.S. President
Smt. Bindhu R. Member
Sri. K.M. Anto, Member
C C No. 03/2021 (filed on 06/01/2021)
Petitioner : P.P. Philip,
Koodathinkal House,
Sachivothamapuram Post,
Kurichy, Kottayam – 686532.
(Adv. Muhammad Mustafa O.M.)
Vs.
Opposite Party : ZERA FURNITURE,
St. Jude Nagar, Kiliyanthara P.O.
Iritty, Kannur – 670706.
O R D E R
Sri. Manulal V.S. President
The case is filed under Section 35 of the Consumer Protection Act, 2019.
Case of the complainant is as follows:
The complainant purchased a VEETI COLOURED Kerala model Bedroom furniture full set from the opposite party on 17-3-2019 at shopping festival stall at Kottayam. The complainant was attracted to the furniture by the promise of 10 year guarantee and quality of the product displayed in shopping festival. The said furniture was delivered to the complainant on 15-8-2019 and collected Rs. 62,500/- by the opposite party. Within a short period the furniture set was infected with fungus and the hinges of the wardrobe, dressing Table and side box were rusted. The matter was reported to the opposite party over phone and complainant had sent snapshot of the furniture to the opposite party on 23-9-20. Though the opposite party promised to visit complainant’s house during second week of October 2020 and inspect the furniture and to do the need full they failed to keep their promise. It is averred in the complaint that though the complainant had contacted with the opposite party several times the opposite party deliberately avoided the complainant. Thereafter the complainant approached the National Consumer Helpline Online Portal and due to non-response from the opposite party, the complainant sent a legal notice to the opposite party on 5-11-20. It is averred in the complaint that the complainant had gifted the furniture to his son on the occasion of his house warming. On account of the dereliction of duty and neglect to rectify the defects the complainant has suffered mental agony and financial loss. Hence this complaint is filed by the complainant praying for an order to direct the opposite party to repay Rs.64,000/- along with a compensation of Rs.10,000/-.
The notice was duly served the opposite party. Though they appeared before the Commission through their manager failed to file version. Hence the opposite party was set ex-party.
Complainant filed proof affidavit and marked exhibit A1 to A4. Advocate commissioner report is marked as exhibit C1.
On evaluation of complaint and evidence on record we would like to consider the following points.
(1)Whether the complainant has succeed to prove the unfair trade practice and deficiency in service on the part of the opposite party and entitled for any reliefs?
According to the complainant he had purchased a VEETI COLOURED Kerala model Bedroom furniture full set from the opposite party. According to the complainant he had booked the said furniture set from the opposite party on 17-3-2019 in the shopping festival stall which was held in Kottayam by paying Rs.1000/- as advance. The same was delivered at his residence on 17-3-2019. Exhibit A1 is the order form issued by the opposite party in the name of the complainant on 17-3-2019.
On perusal of exhibit A1 we can see that the total amount for Kerala Model Full Set is Rs.64,500/-. And the complainant had paid Rs.1000/- as advance on 17-3-2019. On a mere reading of the Exhibit A1 we can understand that the full set of furniture includes the coat, wardrobe, dressing table side box, bed and dining table etc. It was recorded on the reverse side of the exhibit A1 that payment required on delivery. The endorsement on Exhibit A1 proves that the complainant had paid Rs.62,500/- on 15-8-2019 at the time of delivery of the furniture by the
opposite party.
The specific case of the complainant is that the furniture set was infected with fungus and the hinges of the wardrobe, dressing Table and side box were rusted. It is submitted in the complaint as well as the chief affidavit that the repeated request of the complainant to rectify the defect of the furniture was became vain. In order to prove his case the complainant applied for the appointment an advocate commissioner to ascertain the defects of the furniture and the same was allowed by this Commission.
In exhibit C1 the advocate commissioner has reported that the coat, wardrobe, dressing table, side box were infected with fungus and the hinges of the table were affected with the rust.
On perusal of exhibit A1 we can see that the opposite party offered 10 year guarantee for the products sold by them.
Averments made in the complaint and evidence led by the complainant has remained uncontroverted and unchallenged. Hence, there is no reason to disbelieve the version of the complainant. Opposite party has failed to provide the promised services to the complainant.
Hence, we are of the opinion that opposite party is grossly deficient in service. We allow the complaint and direct Opposite party to return Rs.63,5000/- the complainant within 30 days from the date of receipt of this order. It is made clear that the complainant shall return the furniture set to the opposite party on receipt Rs.63,500/-. Additionally, Opposite party is directed to pay Rs.10,000/- towards mental agony, harassment and cost of litigation.
Opposite party is directed to comply the order within a period of 30 days from the date of receipt of the copy of this order, failing which the Opposite party shall become liable to pay interest @9% per annum on the awarded amounts from the date of order till realization.
Pronounced in the Open Commission on this the 12th day of August, 2022
Sri. Manulal V.S. President Sd/-
Smt. Bindhu R. Member Sd/-
Sri. K.M. Anto, Member Sd/-
Appendix
Exhibits marked from the side of complainant
A1 – Order form dtd.17-03-19 issued by opposite party.
A2 – Copy of grievance details dtd,10-11-2012
A3 – Legal notice dtd.05-11-2020
A4 – Details of track consignment
Commission Report
C1 – Commission Report dtd.28-04-22 by Adv. Sunumol S.
Exhibits marked from the side of opposite party
Nil
By Order
Assistant Registrar
